HomeMy WebLinkAboutTB-01/20/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
January 20, 2004
7:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, January 20, 2004 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 7:30 P.M. with
the Pledge of Allegiance to the Flag.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William D. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Welcome to the January 20, 2004 public meeting of the Southold Town
Board. There are a number of times over the course of the meeting that the public has the opportunity
to address the Town Board, first will be prior to voting on any of the resolutions that are on the agenda.
We do give the floor to the public to address those resolutions to the Board. As well, after the voting
of the resolutions, we give the floor to the public to address the Board on any town related matters.
We have a number of public hearings, at which point, again the public will have the floor to address
the Board on those specific public hearings. Before we get started, we have some folks that ! call
friends of mine in the audience and ! ask that the crew come forward. These gentlemen are all
members of Southold High School, (inaudible) myself, the students, Don Fisher and Doris McGreevy,
we picked up this idea to have a television show that we call 'Supe in the Diner', where ! am in
different restaurants and the focus of it is speaking with interesting people that live in our town. To tell
their stories (inaudible) their perspective and what their experiences are. But ! think the most special
part of the show, that the entire television show is run by these gentlemen. And they take time out of
January 20, 2004
Southold Town Board
2
their own schedules on a Sunday and they set up and tape the show in four hours. I would say that is
incredible, a teenager taking four hours out of a Sunday to hang out of the Supervisor. If you have
seen the television show, you know I am the host of it and I am no Dave Letterman, by any stretch of
the imagination. But the show is really about the interaction of high school students using their
extreme talent and their interest to help the Town out with (inaudible) some interesting people that live
in our town and have a story to tell and celebrate that. So, I want to take just a moment to recognize
them. I am going to read one resolution; they all say the same thing with different names on them.
W H E R E A S : the Town Board of the Town of
Southold, on behalf of the residents of Southold Town, wishes to acknowledge ERIC KEHL for
the time and talent generously given to the team of Southold High School students that videotaped the
"Supe in the Diner" interview series; and
W H E R E A S : these interviews, conducted by Supervisor Horton in area restaurants and
aired on Channel 22, each presented unique challenges and provided ERIC and the team with
hands-on educational benefits while highlighting the special accomplishments and unique
contributions of the guests; and
W H E R E A S : the completed season of interviews will be available in each Southold
Town library and, thanks to ERIC and his hours of volunteer service, will become a permanent and
historical reference for all to enjoy; now, therefore, be it
R E S O L V E D: that the Southold Town Board hereby extends sincere appreciation to
ERIC KEHL and his fellow audiovisual technicians, JON BOWEN, ROBERT HAASE JR.,
CHRISTOPHER MCKIERNAN, ANDREW SCHEINER, teacher DON FISHER and assistant
CHARLES BURNHAM, for their lasting contributions to their community and to the Town of
Southold.
And to Mr. Don Fisher, who I will say, no public assembly takes place without Mr. Don Fisher. There
is one for each of you gentlemen, I just want to say thanks again, we do have some very exciting shows
coming up. You guys do a real knock-out job. Do not feel obligated to stay at the meeting, if you
would like to, by all means you are all than welcome to.
DON FISHER: For you and for the Town Board for posterity, Mrs. McGreevy and Mr. Burnham had
taken a number of still photos of us as we worked on your programs for the Town and we would like to
present those to you this evening.
SUPERVISOR HORTON: Moving forward, Councilman Romanelli said that he would step right back
in, in a moment, so I think we can continue forward.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $192,477.80; General Fund Part Town bills in the amount of $9,114.76; Risk
Retention Fund bills in the amount of $1,000.00; Highway Fund Whole Town bills in the amount of
$1,232.40; Highway Fund Part Town bills in the amount of $$4,379.94; Capital Projects Account bills
in the amount of $2,873.03; Community Preservation Fund (2% tax) bills in the amount of $14,096.25;
Waterway Improvement Program bills in the amount $3,054.52; New London Terminal Project bills in
the amount of $627,693.38; E-W Fire Protection District bills in the amount of $12,441.31; Fishers
Island Ferry District bills in the amount of $24,941.27; Refuse & Garbage District bills in the amount
January 20, 2004
Southold Town Board
3
of $93,225.96; Southold Wastewater District bills in the amount of $7,897.81; Fishers Island Sewer
District bills in the amount of $64.06; Southold Agency & Trust bills in the amount of $12,652.66;
Fishers Island Ferry District Agency & Trust bills in the amount of $511.07 and Community
Preservation Fund (2% tax) bills in the amount of $275, 307.65.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, February 3,
2004 at the Southold Town Hall, Southold, New York at 4:30 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS
1. Southold Town Justice Court, Evans - December 2003
2. Southold Town Justice Court, Price - December 2003
3. Southold Town Justice Court, Bruer - December 2003
4. Program for the Disabled - December 2003 Events
5. Southold Animal Shelter - October/November 2003
6. Town Clerk Monthly Report - December 2003
7. Town Clerk Annual Report - 2003
8. Recreation Department - December 2003
9. Board of Town Trustees - December 2003
10. Board of Town Trustees, Year End - 2003
II. PUBLIC NOTICES
1. NYS Department of Environmental Conservation Notice of Complete Application of Keith C.
Koppelman to construct a single residence adjacent to regulated freshwater wetlands on the
south side of Rt. 25, west of Bay Avenue, Southold, SCTM #1000-31-7-7. Written comments
by February 6, 2004.
III. COMMUNICATIONS
None
SUPERVISOR HORTON: At this point, I will offer the floor to the public to address the Town Board
on any of the resolutions that are on the agenda. Mrs. Egan.
JOAN EGAN: Relax and don't rush me. My name is Joan Egan and I reside in East Marion.
Everybody awake. Nobody needs to have their heads held up...
SUPERVISOR HORTON: Mrs. Egan, if you would please continue forward.
MS. EGAN: Pardon?
January 20, 2004 4
Southold Town Board
SUPERVISOR HORTON: We are standing by.
MS. EGAN: Oh, ! did bring this for you Mr. Horton. (inaudible) Okay, #42.
SUPERVISOR HORTON: Yes.
MS. EGAN: Read it. What does it mean?
SUPERVISOR HORTON: #42 is appropriating from revenues that we have realized from other
governmental agencies and grants of $44,000 and some odd dollars and it will be appropriated
specifically to the Cutchogue Chamber of Commerce project in downtown Cutchogue for community
beautification.
MS. EGAN: What kind of beautification?
SUPERVISOR HORTON: ! believe these monies were applied for to install street lighting. New
lighting systems in the downtown Cutchogue area.
MS. EGAN: Good. #45.
SUPERVISOR HORTON: Again, this is gifts and donations from a revenue line to programs...
MS. EGAN: For the seniors. Let's call it seniors, does that sound better?
SUPERVISOR HORTON: If you wish. That is what that is.
MS. EGAN: Yeah. Now, again, we keep spending money...
SUPERVISOR HORTON: Mrs. Egan, this is gifts and donations. This came out of the goodness of
somebody's heart, to be donated to this program.
MS. EGAN: And pocketbook. And so this is not out of our money?
SUPERVISOR HORTON: No, this is gifts and donations.
MS. EGAN: And this is for Mrs. McLoughlin to use? ! spoke with her, ! did do your job for that
there, Mr. Horton, ! spoke to her and told her how important it was that we stopped using the
microwaves and computers for those people. Now, #46 ....
SUPERVISOR HORTON: Ms. Scopaz travels to various seminars and meetings that are pertinent to
her job as the Town Planner.
MS. EGAN: And does she get an expense account that goes with that or is this?
SUPERVISOR HORTON: She gets reimbursed for her expenses.
January 20, 2004 5
Southold Town Board
MS. EGAN: Uh huh. Is she on the payroll?
SUPERVISOR HORTON: Yes.
MS. EGAN: As regular?
SUPERVISOR HORTON: As a salaried employee.
MS. EGAN: Okay. Now, what is this #49?
SUPERVISOR HORTON: #49 is from one budget line on police system maintenance to allocate to
PC software maintenance.
MS. EGAN: And what does that mean?
SUPERVISOR HORTON: Essentially it is coming out of police system maintenance, which generally
money is utilized for system maintenance, whether it be radios or computers and this is being
designated for some computer software maintenance.
MS. EGAN: Okay. Now, what is this #52 and where is that? The Baxter estate, is that a new
subdivision. No, this is an old one, isn't it?
SUPERVISOR HORTON: That is correct, this is one that I believe is completed and the performance
bond is being released back to the property owners.
MS. EGAN: Where is it?
SUPERVISOR HORTON: It is west of Bridge Lane in Cutchogue, on the north side of Oregon Road.
MS. EGAN: Now, #55, who are these people?
SUPERVISOR HORTON: Chris Baiz and Karen Rivara, both of them, these are two new additions to
the Agricultural Advisory Committee..
MS. EGAN: They are not students?
SUPERVISOR HORTON: Excuse me, no, they are not.
MS. EGAN: These are paid positions?
SUPERVISOR HORTON: No, these are volunteer positions.
MS. EGAN: Wonderful. Now, what is #56, what is O-21 and 0-22? What are these?
SUPERVISOR HORTON: This is housekeeping and administrative to correctly term Mr. McMahon
and Mr. Ruroede as they are carrying out new duties responsible for the Department of Public Works.
January 20, 2004
Southold Town Board
6
MS. EGAN: Good. And then the next one, it says rescind it, no, I am sorry, that, oh yeah, what is
#57? Everybody is getting more money?
SUPERVISOR HORTON: No, actually #57 something that was passed at the Organizational Meeting
of January 6 and by doing this housekeeping for these two positions, this resolution had to be amended
as well.
MS. EGAN: I see. Well then that kind of takes care of#58 and #59. Oh, yeah, what is this #61, the
settlement agreement?
SUPERVISOR HORTON: It is just as that says, it is a settlement agreement with an employee.
MS. EGAN: In other words, there was a problem and they are being paid out, or off or what does it
mean?
SUPERVISOR HORTON: It means that there was a settlement agreement with an employee. And
that is what I am ....
MS. EGAN: There was a problem and...
SUPERVISOR HORTON: There was a situation and it was rectified.
MS. EGAN: At out expense..
SUPERVISOR HORTON: Not necessarily.
MS. EGAN: ! would imagine so. And here we go on #64 and #65, where are these places. Maybe
Mr. Wickham could come down and show us on the map?
SUPERVISOR HORTON: Mrs. Egan, these are SEQRA resolutions to determine that each of these
resolutions dictate that these projects will not have a significant impact on the environment, as per
State Environmental Quality Review Act. There will be public hearings on these and ! would imagine
that the Land Preservation Coordinator, as she always does, will speak to their location.
MS. EGAN: Oh, good. Now, why are the Fishers Island on #66 getting an increase in salary.
SUPERVISOR HORTON: If you need people to run the boats, you gotta pay them.
MS. EGAN: That is a job for me. What do you have to, how do you get qualified.
SUPERVISOR HORTON: You have to have at least a Coast Guard Merchant Mariners document.
MS. EGAN: Don't quite have that one. Oh, yes. What is #72?
January 20, 2004
Southold Town Board
7
SUPERVISOR HORTON: #72 is authorizing the final payment to H2M, which is an engineering firm
which oversaw the Brushes Creek bridge replacement and the second part of that is dealing with the
contractor that actually did the work, settling out some final bills.
MS. EGAN: Good. And #73?
SUPERVISOR HORTON: This is a SEQRA resolution, again State Environmental Quality Review
Act and it says that proposed law will not have significant impact on the environment.
MS. EGAN: We'll see. And you all did your homework. I gave you all assignments last time.
SUPERVISOR HORTON: Would anyone else care to address the Board? (No response) Okay, we
will move ahead with our resolutions.
#42
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2004 budget as follows:
Revenues:
A.2389.20
Appropriations:
A. 8510.2.400.200
Miscellaneous Revenue, Other Governments
Cutchogue Chamber Grants
Community Beautification
Cutchogue Chamber Project
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$ 44,743.55
$ 44,743.55
Councilman Ross, Councilman Wickham,
#43
Moved by Councilman Edwards, seconded Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of
Schwing Electric Supply Corp. 1328 East Main Street~ Riverhead~ NY l190L in the
amount of $43~635~ for the supply of 28 street lamps and posts, as found in the plans and
specifications prepared by James Richter, dated July 15, 2003, as part of the Cutchogue
Downtown Improvement Project.
SUPERVISOR HORTON: I will say that the Chamber has really put a lot of work into this and I think
with the vast amounts of improvements that will be made to the downtown Cutchogue area, it is going
to be a different and significantly improved downtown area and I would really like to thank the
Chamber for their work on this.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 20, 2004
Southold Town Board
#44
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold grants permission to Recreation
Supervisor Ken Reeves to attend the 64th Annual New York State Recreation & Park Society
conference to be held from April 25 - 28 at the Westchester Marriott in Tarrytown, and that the
expenses for meals, lodging, transportation, registration, and seminars be a legal charge to the 2004
budget, line A7020.4.600.200 (Recreation Administration, Meetings & Seminars).
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#45
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
From:
Revenues:
A.2705.50
To
Appropriations:
A.6772.4.100.110
Gifts and Donations
$ 480.00
Programs for the Aging
Contractual Expenses $ 480.00
Program Supplies/Materials
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#46
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Principal
Planner Valerie Scopaz to attend meetings related to her iob responsibilities during 2004, and
travel expenses shall be a charge to the Planning Board's 2004 budget: Technical Advisory
Committee/Peconic Estuary Program, Local Waterfront Revitalization Program, American Planning
Association and Regional Planning Association meetings on regional transportation issues of concern
to Southold Town, East End Transportation Council/East End Supervisors & Mayors Association.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#47
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an agreement with the New Suffolk Shipyard at
Cutchogue Harbor Marina for 2004 dockage for the Southold Town Police Department.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 20, 2004
Southold Town Board
9
#48
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for bids for the acquisition of a new forklift for the Solid Waste District, all in
accordance with specifications to be provided by the Solid Waste Coordinator.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
RESCINDED, February 3, 2004-resolution # 85
#49
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Whole Town 2003 budget as follows:
To:
A.1680.4.400.553 Police System Maintenance
From:
A. 1680.4.400.558 PC Software Maintenance
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$2200.00
$2200.00
Councilman Ross, Councilman Wickham,
#50
Moved by Justice Evans, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of
the following Capital Proiect in the 2004 Capital Budget:
Capital Project Name: Forklin
Financing Method: Transfer from Solid Waste Management District
Budget: Revenues:
H. 5031.95 Interfund Transfers
Appropriations:
H.8160.2.300.300 Refuse & Garbage
Capital Outlay
Forklift
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$18,000.00
$18,000.00
Councilman Ross, Councilman Wickham,
#51
Moved by Councilman Wickham, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of
the following Capital Proiect in the 2004 Capital Budget:
Capital Project Name: Break Room Trailer
Financing Method: Transfer from Solid Waste Management District
January 20, 2004
Southold Town Board
10
Budget:
Revenues:
H. 5031.60 Interfund Transfers
Appropriations:
H. 8160.2.500.200 Refuse & Garbage
Capital Outlay
Trailer
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$16,000.00
$16,000.00
Councilman Ross, Councilman Wickham,
#52
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town board of the Town of Southold hereby authorizes the release of a
performance bond for the minor subdivision for the Baxter Sound Estates in the amount of
$60~425.00 from the Agency and Trust Account, as recommended by the Southold Town Planning
Board.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli,
Justice Evans, Supervisor Horton. Abstain: Councilman Ross.
This resolution was duly ADOPTED.
#53
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Atlantic Salt~
Inc. in the amount of $52.50/per ton for bulk salt for the Southold Highway Department for 2004
ice control.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#54
Moved by Councilman Ross, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to re-advertise for bids for bulk sand for use by the Highway Department in ice control for
2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#55
Moved by Justice Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold appoints Chris Baiz~ representing the
Long Island Wine Council~ and Karen Rivara~ representin~ the aquaculture industry~ to the
Agricultural Advisory Committee, effective immediately.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 20, 2004
Southold Town Board
11
#56
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolutions O-21 and
O-22~ adopted at the Organizational Meeting on Januarv 6~ 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#57
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of $outhold hereby amends resolution no. O- 67~
adopted at the Organizational Meeting on January 6~ 2004, which sets the following per annum
salaries for the appointed officials or employees effective January 1, 2004 through December 31, 2004
as follows:
Deputy Supervisor Martin H. Sidor
Town Attorney Patricia Finnegan
Assistant Town Attorney Keiran Corcoran
Assistant Town Attorney E. Brownell Johnston
Secretary, Office of the Town Attorney Lynne Krauza
Registrar of Vital Statistics Elizabeth A. Neville
Deputy Superintendent of Highways Charles T. King
Town Comptroller John A. Cushman II
Deputy Town Comptroller Connie D. Solomon
Town Historian Antonia S. Booth
Senior Stenographer, Office of the Supervisor, Ruthanne Woodhull
Confidential Secretary, Office of the Supervisor, Joanne Liguori
Deputy Town Clerk Linda J. Cooper
Deputy Town Clerk Lynda M. Bohn
Deputy Town Clerk Bonnie J. Doroski
Deputy Receiver of Taxes Dorothy Chituk
Emergency Preparedness Coordinator Joshua Y. Horton
Deputy Emergency Preparedness Coordinator for
Fishers Island Michael Imbriglio
Assistant Deputy Emergency Preparedness Coordinator Michael Verity
Assistant Deputy Emergency Preparedness Coordinator and liaison to the
Suffolk County Emergency Operations Center Edward Forrester
? plus 8% longevity
} plus 6% longevity
£ plus 5% longevity
3,351.00
73,173.00
63,643.00
1,040.00
44,014.00
6,664.00
61,479.00
76,386.00
57,200.00
14,239.00
50,619.00
46,509.00
3,702.00
2,483.00
2,483.00
1,134.00
2,977.00
2,977.00
2,977.00
2,000.00
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
January 20, 2004
Southold Town Board
12
#58
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby assigns additional
responsibilities with regard to buildings and grounds~ parks~ beaches and street lighting to
Executive Assistant James McMahon and that he be paid a stipend in the amount of $10,719 for said
additional responsibilities.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#59
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby assigns additional
responsibilities with regard to buildings and grounds~ parks~ beaches and street lighting to
Maintenance Mechanic III Arthur Ruroede and that he be paid a stipend in the amount of $6,000
for said additional responsibilities.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#6O
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the Board of Trustees
2004 budget as follows:
To:
A8090.4.500.600 Court Reporter
From:
A8090.1.100.100 Regular Earnings
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$3,600.00
$3,600.00
Councilman Ross, Councilman Wickham,
#61
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby ratifies the settlement agreement
dated December 17~ 2003 regarding a town employee.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#62
Moved by Councilman Romanelli, seconded by Councilman Wickham,
January 20, 2004
Southold Town Board
13
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 20th day of January 2004 a Local Law entitled "A Local Law in relation to a new
Chapter 97 'Wetlands and Shoreline' of the Code of the Town of Southold" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of
February 2004 at 8:00 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed local law entitled, "A Local Law in relation to a new Chapter 97 'Wetlands and
Shoreline' of the Code of the Town of Southold" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled "A Local Law in relation to a new Chapter 97 'Wetlands and Shoreline' of the
Code of the Town of Southold"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose- The Town of Southold possesses a rich heritage of scenic, historic and natural
resources which are vital to the town's sense of place and to its economic success as a community.
The upland acreage of Southold Town, including Fishers Island, is approximately 34,369
thousand acres with approximately 163 linear miles of shoreline. This acreage is bounded to the north
by the nationally recognized estuary of Long Island Sound and to the south by the nationally
recognized Peconic Bay Estuary. Trustee jurisdiction under the Andros Patent encompasses more than
2,000 acres of underwater lands, not including Sound and bayfront owned by the State of New York.
The local economy is based on two traditional industries and a third, newer, but strong industry:
farming, recreational and commercial fishing and tourism/second homes. The economy is based
squarely on a unique, extraordinarily beautiful and productive environment that is both fragile and
sensitive. Protection of that environment therefore is of utmost importance to the Towns financial
health and long-term future. Rapid growth, the spread of development and increasing demands upon
natural resources are encroaching upon or eliminating many of the Town wetlands and patent lands,
which, if preserved and maintained in an undisturbed and natural condition, constitute important
physical, social, aesthetic, recreational and economic assets to existing and future residents of the
Town of Southold.
The comprehensive planning objectives of the Town of Southold are: 1) the preservation of
Natural Resources; 2) preservation of Open Space and Recreational Space; 3) preservation of the
Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4)
the preservation of farmland and agriculture. In August 2002 the Town of Southold adopted a
moratorium on the review and granting of major and minor subdivisions and approvals for
multidwelling development. The purpose section of that moratorium stated in part that "The Town
Board finds that increased growth and development within the Town of Southold are placing severe
pressure on water supply, agricultural lands, open and recreational space, the rural character of the
community and natural resources located within the Town."
One of the primary tools implemented by the Town to protect its natural resources is Chapter
97 (entitled "Wetlands") of the Southold Town Code. The existing laws and procedures set forth in
Chapter 97 should have the practical effect of ensuring that new development and redevelopment are
in accordance with the Town's comprehensive planning objectives. Unfortunately the practical reality
is that the laws set forth in Chapter 97 did not have the effect of protecting wetlands and wetland
boundaries.
January 20, 2004
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Two critical studies and analysis which include the Town's wetlands, wetland boundaries and
natural resources are 1) the Town's Local Waterfront Revitalization Program (LWRP) and 2) the
Peconic Estuary Comprehensive Management Plan.
After years of study, fact gathering and writing, the LWRP for the Town of Southold and the
Comprehensive Peconic Estuary Management Plan have been adopted. The LWRP is a
comprehensive plan for the entire Town. As waterfront land has, in certain instances, been
inappropriately developed, Town waters and habitats have been negatively impacted. One example of
this is the closure of shell fishing areas such as Mattituck Creek and James Creek due to an increase of
coliform bacteria from septic systems and stormwater runoff, to name just two sources.
There has been a significant increase in the applications for and the numbers of fixed and
floating piers and docks accessory to upland residential and other uses. Most of these structures and
the uses they support are on and in publicly owned land and waters and always have some effect on
physical, biological, ecosystem functions and values, development patterns and the aesthetic character
of the area. Therefore it is essential to regulate the type and placement of such structures.
The Board of Trustees and the Town have used the moratorium time during the year 2003 and
early 2004 to evaluate the current status of the wetlands areas and regulations in order to minimize
damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial
marine organisms, lost of aquatic wildlife and vegetation and the destruction of the natural habitat
thereof, to minimize the danger of flood and storm-tide damage and pollution, and to otherwise protect
the quality of wetlands, tidal water, marshes, shorelines, beaches, dunes, bluffs and natural drainage
systems for their conservation, ecological, hydrological, economic, aesthetic, recreational and other
public uses and values, and further to protect the potable fresh water supplies of the Town from the
dangers of drought, overdraft, pollution from saltwater intrusion or inappropriate land uses and misuse
or mismanagement.. The Town and the Board of Trustees have considered and implemented the
LWRP and the best land use techniques for protecting its waterfront resources.
The Town Board declares that it is necessary to regulate the type and placement of fixed and floating
piers and docks for the protection, preservation, proper maintenance and use of its waters and
wetlands. Docks shall be regulated in order to maintain and contribute to the following resource area
values and the attributes and functions they possess: erosion and sedimentation control; storm damage
prevention; water pollution control; fisheries; shellfish, including spawner sanctuaries; wildlife habitat;
agriculture; aesthetics; and recreation. In addition, the following resource area values also shall be
maintained and protected including: protection and enhancement of existing vegetation cover in order
to maintain water quality and wildlife habitat; protection of wildlife, waterfowl, and plant habitat and
the maintenance of existing populations and species diversity; prevention of loss or degradation of
critical wildlife and plant habitat; navigation; public access to water and land; and the minimization of
the impact of new development, reconstruction and/or expansion on the resource area values listed
above.
This moratorium addressed the fact that new growth in the form of new structures on existing
waterfront lots and underwater lands poses a similar potential to impair the Town's unique
environment, geology and hydrology. Many of the Town's existing waterfront lots, whether they be
vacant or developed, residentially or commercially zoned, do not conform to current zoning in that
they are smaller than the minimum required acreage. Therefore, the development and redevelopment
of these lots is of utmost concern because these activities have the potential to cause further harm to
the coastal environment. This moratorium has enabled the Town and the Trustees to focus on crafting
and implementing a strategy and a working code to ensure that the comprehensive planning objectives
January 20, 2004
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of the Town are met. This is necessary in order to protect the character, natural resources and
environment of the Town of Southold and the public health, safety and welfare of Town residents.
II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows:
The existing Chapter 97 is stricken in its entirety and replaced with the following:
Chapter 97, WETLANDS AND SHORELINE
GENERAL REFERENCES
Boats, docks and wharves -- See Ch.32.
Environmental quality review -- See Ch.44.
Flood drainage prevention -- See Ch.46.
Shellfish -- See Ch.77.
Soil removal -- See Ch.81.
Zoning -- See Ch. 100.
Subdivision of land-- See Ch. Al06.
Coastal erosion -- See Ch. 37.
ARTICLE I, General Provisions
§ 97-10. Title.
This chapter shall be known and may be cited as the "Wetlands Law of the Town of Southold."
§ 97-11. Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the
meaning given herein. When not inconsistent with the context, words in the present tense include the
future; words used in the plural number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory and not directory.
ACCESSORY STRUCTURE - A building or structure detached from a principal building located on
the same lot as and customarily incidental and subordinate to the principal building.
AESTHETICS - The natural intrinsic appearance of a site or object in the context of surrounding land
use, views, viewsheds and vistas important to the community.
ADMINISTRATIVE PERMIT - A permit intended to provide an expedited review for projects that
are deemed consistent with the Trustee's policy regarding protection of wetland resources.
AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all
plants and animals useful to man, including but not limited to forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle,
sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds,
including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands
devoted to a soil conservation or forestry management program.
APPLICANT - The party applying for permits or other approval pursuant to Chapter 97.
APPLICATION - The completed form or forms and all accompanying documents, exhibits, and fees
required of an applicant pursuant to Chapter 97.
AQUACULTURE - The raising or cultivation of nursery spawn shellfish in artificial containment
systems in, on or off bottom.
AS-BUILT PLANS - Plans prepared to scale by a licensed surveyor detailing any and all operations
conducted according to a valid permit.
BAY - Cutchogue Harbor, Gidds Bay, Great Peconic Bay, Hallocks Bay, Hog Neck Bay, Little
Peconic Bay, Long Beach Bay, Orient Harbor and Southold Bay.
BEACH - The zone of unconsolidated earth that extends landward from the mean low water line to the
seaward toe of a dune or bluff, or whichever is most seaward. Where no dune or bluff exists landward
January 20, 2004
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of a beach the landward limit of a beach is 100 feet landward from the place where there is a marked
change in material or physiographic form from the line of permanent vegetation, whichever is most
seaward. Shorelands subject to seasonal or frequent overwash or inundation are considered to be
beaches.
BLUFF - Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of
water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature.
Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is
twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line
of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The
"point of inflection" is that point along the top of the bluff where the trend of the land slope changes to
begin its descent to the shoreline.
BLUFF L1NE - The landward limit of a bluff that is twenty-five (25) feet landward of the receding
edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet
landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along
the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline.
BOAT/VESSEL -Any floating object capable of carrying people as a means of transportation in
water, including an airplane capable of landing on water as well as any floating structure not otherwise
considered to be part of a dock structure as defined herein, with or without means of propulsion that
can be moored independently or can be secured by any means to a piling, dock, bulkhead, groin, or
other fixed device located above or below mean high water. This definition excludes floating docks.
BOARD - Unless otherwise indicated, the Board of Trustees of the Town of Southold.
BUFFER AREA - A defined area landward of a wetland boundary, coastal erosion hazard line or bluff
line measured as a linear distance, perpendicular to said boundary.
BULKHEAD - A structure or barrier the intended use for which is to separate and act as a barrier
between earthen material and water. This definition excludes gabions and revetments.
CATWALK - An elevated walkway, usually built to gain access to a commercial or residential dock,
built at a fixed height above grade and which is constructed landward of the high water mark.
CLEARING - Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning,
ringbarking, uprooting or burning vegetation, severing, topping or lopping branches limbs stems or
trunks or substantially damaging or injuring in other ways that would cause or contribute to the death
or affect the survivability and growth of vegetation. This definition also includes removal of dead and
dying vegetation.
CLERK - Unless otherwise indicated, the Clerk of the Board of Trustees.
COASTAL EROSION HAZARD L1NE - The landward boundary of the Coastal Erosion Hazard Area
defined by Article 34 of the New York State Environmental Conservation Law.
COMMERCIAL AGRICULTURE - Agriculture (See above) intended to earn an income.
COMMERCIAL DOCK - Any catwalk, fixed or floating dock or extension of such, designed, used
and/or intended for use other than as a residential dock, as defined in this chapter.
CONSERVATION - Protection in natural or existing condition.
CREEKS - Broadwaters Cove, Brushes Creek, Budd's Pond, Cedar Beach Creek, Corey Creek, Dam
Pond, Deep Hole Creek, Down's Creek, East Creek, East Harbor, Goose Creek, Goldsmiths Inlet, Gull
Pond, Hallock's Bay, Halls Creek, Hashamomuck Creek, Haywaters Cove, James Creek, Jockey
Creek, Little Creek, Long Beach Bay, Mattituck Creek, Mattituck Inlet, Mud Creek, Paradise Point
Creek, Pipes Neck Creek, Richmond Creek, Town Creek, West Creek, West Harbor, West Lake,
Wickham Creek, Wunnewata Lagoon and Wunnewata Pond.
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CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold
and designated by the New York Sate Department of state as Critical Environmental Areas worthy of
protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient
Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek,
Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes
Cove Creek..
DECK - A structure and/or platform without a roof that is either freestanding or attached to a building
supported by pillars and/or posts constructed of various materials.
DECKING - Horizontal structural components of a dock, deck, pier or other shoreline structure
intended to be walked upon.
DOCK - Any permanent or seasonal structure, except a building, located or proposed to be located on
lands abutting or comprised of freshwater or tidal wetlands or connected to a bulkhead or the upland
and extending over the water's surface, designed to secure vessels and provide access from the shore to
a body of water. For the purpose of this chapter, this term shall also include the associated structures
necessary to cross wetlands and adjacent natural areas. The term "dock" includes the terms "wharves,"
"piers," "fixed docks," "floating docks," "floats" or "catwalks".
DOCK LENGTH - The length of a dock, including all fixed docks, ramps, floating docks and mooring
piles, as measured from the most landward portion of the structure to the seaward-most portion of the
dock or the seaward-most mooring pile, whichever distance is greater.
DUNE - A ridge or hill of loose, windblown or artificially placed earth, the principal component of
which is sand.
EROSION CONTROL - Actions taken or structures installed to prevent the wearing away of the land
or loss of soil by the action of water, ice or wind. Erosion control typically relates to stabilization of
unvegetated soils resulting from excavation, grading, stockpiling, construction or other activities.
FIXED DOCK - An elevated walkway which is constructed at a fixed height above grade and which
extends seaward from the high water mark or a point landward.
FLOATING DOCK - Any structure, raft or floating platform which is designed to float upon the
surface of a waterbody and is secured in place by poles, pilings, anchors, or any other type of mooring
system that provides access to the water. A floating dock includes the float itself and any pilings or
mooring system designed to keep the dock at a fixed point.
FUNCTIONAL BULKHEAD - A bulkhead that is at least 75 % physically intact and serving the
purposes it was designed for.
FUNCTIONAL JETTY/GROIN - A jetty or groin that is at least 75 % physically intact and serving
the purposes it was designed for.
GABION - A shoreline structure consisting of stone and/or rock enclosed in a mesh cage or similar
designed to stabilize soil or sediments.
GROIN - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift,
prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Jetty
HABITAT - The place where a plant or animal species naturally lives and grows; or characteristics of
the soil, water, and biologic community (other plants and animals) that make this possible.
HABITAT FRAGMENTATION - Destruction or impairment of habitat such that it results in breaks in
areas of contiguous habitat. Habitat fragmentation can also cause a greater distance between adjacent
(non-contiguous) habitats. These actions prevent the transfer of organisms, natural materials and
energy within a habitat. Habitat fragmentation can result from the placement of physical barriers
within a contiguous habitat or between adjacent habitats, but can also occur as a result of removal of
vegetative cover, changes in sediment characteristics and/or changes in hydrology.
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HARVESTING- The gathering or collecting of natural resources and organisms.
HORTICULTURE - The raising of plants (See Agriculture).
IMMEDIATE PROJECT AREA - The minimum area required to allow access to the site by the
machinery conducting the operation.
JETTY - A manmade barrier perpendicular to the shoreline used to change the natural littoral drift,
prevent erosion, maintain inlet entrances, or protect an area from wave energy. See Groin.
IMPERVIOUS SURFACE - Any hard surfaced, manmade area that does not retain or absorb water
including but not limited to building roofs, paved parking lots and driveways, sidewalks and other
paved areas.
LANDWARD - In the opposite direction from the water or wetland.
LOW-PROFILE JETTIES - The definition of a low profile jetty is site specific, but typically is a
structure no higher than 18-24" above existing soil or sediment grade.
LOW-SILL BULKHEAD - A sub tidal structure designed to stabilize the toe of a slope or shore and
often associated with boat basins or other navigable waterways.
MANMADE POND - A constructed inland body of water including, but not limited to lined and un-
lined irrigation ponds and ornamental ponds.
MAINTENANCE DREDGING- A dredging project will be considered maintenance dredging if there
is documentary evidence that it has been previously dredged.
MARINA - Any dock, pier or other facility operated for profit, or to which public patronage is invited,
providing moorings, dockage or other marine services primarily for power and sailing yachts, launches
or other watercraft, other than floating homes, and which may also be capable of removing any and all
watercraft moored or docked within the marina from the water for repair and/or storage.
MATERIAL - Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, organic or
inorganic.
MEAN HIGH WATER (MHW) - The average of all the water heights observed over the most
previous 19 year period.
MEAN LOW WATER (MLW) - The average of all the low heights observed over the most previous
19 year period.
MONOPOLIZE - The use for an unreasonable period of time to the exclusion of others or to
unreasonably restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled
by the Town of Southold.
MOORING - Anchoring for greater than 24 hours.
NON DISTURBANCE BUFFER - An area, typically fifty (50) wide, immediately landward of the
wetland boundary, shoreline structure, or other line designated by the Trustees where no operations,
maintenance or other activities can take place.
NON TURF BUFFER - Any pervious, material allowing for percolation of surface runoff into the soil,
Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if
they are level or pitched away from the water, are pervious to precipitation and are constructed of
materials other than treated lumber. Any and all runoff generated by such structures must be allowed
to percolate into the ground directly below the structure. Fertilizers may not be used within the non
turf buffer area.
OPERATIONS -
A. The removal of material from wetlands or otherwise within Trustee jurisdiction.
B. The deposit of material on wetlands or otherwise within Trustee jurisdiction.
C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf,
bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands.
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D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee
jurisdiction.
ORDINARY AND USUAL MAINTENANCE - Actions which are required to preserve in a condition
or state of equivalent quality to that which was approved or required by permit.
ORIGINAL STRUCTURE - The earliest known, permitted or otherwise documented structure.
PATENT LANDS - All uplands and underwater lands owned in fee title by the Trustees by virtue of
the Andros Patent (October 31, 1676).
PEAK LUNAR TIDES - Those excessively high tides or spring tides caused by lunar gravitational
phenomena.
PERSON - Any individual, any combination of individuals, firm, partnership, association, society,
corporation, joint-stock company, company, organization or other legal entity of any kind, including
municipal corporations or governmental agencies or subdivisions thereof.
PIER - A fixed structure to secure vessels, unloading or loading persons or property or providing
access to the water. See Wharf.
PIER L1NE - The average seaward projection of one or more existing permitted docks, piers, wharves
or floats. The average seaward projection is calculated by adding the length of all docks within the
immediate area and dividing by the number of said docks.
PLATFORM - See Deck.
POND - An inland body of water.
PRE-EXISTING NON-PERMITTED AND/OR NON-CONFORMING STRUCTURES - A structure,
use or lot that is not otherwise permitted but which is allowed to continue solely because it was
lawfully existing prior to the effective date of the original law or ordinance or prior to any subsequent
amendment, as the case may be. Any determination of lawful existence must at least include a review
of prior land use laws and ordinances.
PROACTIVE RESTORATION - Restoration undertaken solely for the benefit of the natural
environment and not associated with compensatory mitigation or other regulatory requirements.
Proactive restoration typically includes planting of beneficial native vegetation (i.e. vegetative
enhancement) in a natural setting at a time, place and in a position that are conducive to future survival
and growth.
RESIDENTIAL - Associated with a single or multiple family home, apartment or condominium,
excluding marinas and public property.
RESIDENTIAL DOCK - Any catwalk, fixed dock and/or floating dock designed or constructed as a
continuous unit to provide access to the surface waters from a lot that is zoned for residential use. The
term dock shall include all associated structures such as ramps and mooring piles.
RESIDENTIAL HORTICULTURE - The raising of plants for ornamental purposes on residential lots.
RESOURCE BUFFER AREA - A buffer area with specific quantifiable natural resource value.
RETAINING WALL - A bulkhead landward of the wetland boundary.
REVETMENT - A shoreline hardening structure landward of the wetland boundary typically
constructed of rock or stone. See Gabion.
RIPRAP - A layer, facing or protective mound of rubble or stones randomly placed to prevent erosion,
scour, or sloughing of a structure or embankment; also the stone used for this purpose.
SETBACK - The minimum distance by which any building, structure or operations must be separated
from a wetland boundary, coastal erosion hazard line or bluff line.
SHEATHING - Vertical structural components of a bulkhead or retaining wall necessary to keep soil
and sediment from passing through the structure.
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SHORELINE STRUCTURE - Any intentionally constructed structure on the shore composed of
manmade or natural materials. See Structure.
SILT BOOM - A structure deployed within the water column that is designed to prevent passage of
suspended sediments and contaminants from spreading from the immediate project area to surrounding
waters. Properly installed, silt booms completely surrounds the project area.
SOUND - Long Island Sound, Fishers Island Sound and Block Island Sound
SPAWNER SANCTUARY - An area of bottom designated by the Trustees for the purpose of
protecting and enhancing shellfish populations for a specific period of time.
SPLIT-RAIL FENCE - A linear fence structure composed of posts and rails.
STRUCTURAL COMPONENTS - Pilings, deadmen, rails, whalers and other significant components
used to hold together and anchor docks, piers, wharves, jetties, groins and other shoreline structures.
STRUCTURE - Any object constructed, installed or placed in, on or under land or water, including
but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile
home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf;
groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach nourishment; or any addition to
or alteration of the same.
SUBTIDAL - Existing at or below mean low water.
TIDAL WATERS - All waters bordering on or within the boundaries of the Town of Southold subject
to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to
all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets.
TOWN - The Town of Southold.
TOWN WATERS - All the waters lying over Patent Lands (See definition).
TROPICAL HARDWOOD - Any of a number of species of hardwood harvested from areas situated
in the tropics (the region on either side of the equator).
TRUSTEES - The Board of Trustees of the Town of Southold.
VEGETATED WETLANDS - Any and all wetland types supporting or capable of supporting
emergent, submerged or floating-leaved vegetation as described in Chapter § 97-11. "WETLANDS
(FRESHWATER)" and "WETLANDS (TIDAL)."
WHARF - See Pier.
WATER-DEPENDENT USES - An activity which can only be conducted on, in, over or adjacent to a
water body because such activity requires direct access to that water body, and which involves, as an
integral part of such activity, the use of the water. The uses include, but are not limited to commercial
and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail
and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat building
facilities, navigation aides, basins and channels, industrial uses dependent upon water-borne
transportation or requiring large volumes of cooling or processing water and which cannot reasonably
be located or operated at an inland site, and uses which primarily provide general public access to
marine or tidal waters.
WETLAND BOUNDARY OR BOUNDARIES OF WETLAND - Wetland ecosystems generally
posses three essential characteristics: (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland
hydrology. The wetland indicator status of all plants can be found in The National List of Plants that
Occur in Wetlands (USFWS). The wetland boundary is most easily determined by defining the outer
limit of the vegetation specified in the definition of freshwater, brackish or tidal wetlands. The wetland
boundary is to be defined and flagged at the point where existing wetland indicator species no longer
have a competitive advantage over upland species. Wetland and upland plants will mix together at this
transition zone. For freshwater wetlands that frequently lack standing water (shrub swamps, deciduous
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swamps, coniferous swamps and wet meadows) vegetation alone may not be adequately diagnostic for
identification of a wetland boundary. In these wetland types, field verification of wetland hydrology
and/or hydric soils might be required to define the boundary. The methodology used to determine this
boundary shall be the same methodology utilized in the New York State Department of Environmental
Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act.
WETLANDS (FRESHWATER)-
A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions l(a) to l(d)
inclusive, of the Environmental Conservation Law of the State of New York; or
B. All lands and waters in the town which contain any or all of the following:
(1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs"
and "flats" supporting aquatic or semi-aquatic vegetation of the following types:
(a) Wetland trees which depend upon seasonal or permanent flooding or sufficiently
water-logged soils to give them a competitive advantage over other trees, including,
among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea
mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica),
black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus
americana) and larch (Larix laricina);
(b) Wetland shrubs which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage over other shrubs,
including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentahs),
common winterberry (Ilex verticillata) leatherleaf (Chamaedaphne calyculata), and
swamp azalea (Rhododendron viscosum);
(c) Emergent vegetation, including, among others, cattails (Typha spp.),
pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra
virginica), arrowheads (Sagittaria spp.), common reed (Phragmites austrahs), wildrice
(Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum sahcaria),
swamp loosestrife (Decodon verticillatus) and water plantain (Alismaplantago-
aquatica);
(d) Rooted, floating-leaved vegetation, including, among others, water-lily
(Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.);
(e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big
duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.);
(f) Wet meadow vegetation which depends upon seasonal or permanent flooding or
sufficiently water-logged soils to give it a competitive advantage over other open land
vegetation, including, among others, sedges (Carex spp.), rushes (duncus spp.), cattails
( Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris
arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis
spp. ) ;
(g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum
spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne
calyculata), pitcher plant (Sarracenispurpurea) and cranberries (Faccinium
macrocarpon and F. oxycoccos); or
(h) Submergent vegetation, including, among others, pondweeds (Potamogeton
spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.)
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muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water
smartweed (Polygonum amphibium).
(2) Lands and submerged lands containing remnants of any vegetation that is not aquatic or
semiaquatic that has died because of wet conditions over a sufficiently long period, provided
that such wet conditions do not exceed a maximum seasonal water depth of six feet and
provided further that such conditions can be expected to persist indefinitely, barring human
intervention.
(3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set
forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of
which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands
underlying Subsection B(3).
WETLANDS (TIDAL)-
A. All lands generally covered or intermittently covered with, or which border on, tidal waters, or
lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum
depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or
other low lying lands subject to tidal action;
B. All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or
may grow some or any of the following: smooth cordgrass (Spartina alterniflora), salt hay grass
(Spartina patens), black grass (duncus gerardii), saltworts (Salicornia spp.), sea lavender (Limoneum
spp.), marsh elder (Iva frutescens), groundsel (Baccharis halimfolia), marshmallow (Hibiscus spp.)
WIDTH OF CREEK - The distance across a creek from mean low water to mean low water,
perpendicular to the main channel directly in front of the subject parcel.
WHALER - Structural member of a bulkhead used to hold the sheathing behind the pilings. Normally
there are top and bottom whalers.
WHARF - See Pier.
§ 97-12. Declaration of Policy, Jurisdiction and Setbacks.
A. Findings: The Town Board of the Town of Southold finds that rapid growth, the spread of
development and increasing demands upon natural resources are encroaching upon or eliminating
many of its wetlands and patent lands, which, if preserved and maintained in an undisturbed and
natural condition, constitute important physical, social, aesthetic, recreational and economic assets to
existing and future residents of the Town of Southold. In addition, there has been a significant increase
in the applications for and the numbers of fixed and floating piers and docks accessory to upland
residential and other uses. Most of these structures and the uses they support are on and in publicly
owned land and waters and always have some effect on physical, biological, ecosystem functions and
values, development patterns and the aesthetic character of the area. Therefore it is essential to
regulate the type and placement of such structures.
B. Purpose: It is the intention of this chapter to ensure for the citizens of the Town of Southold the
protection, preservation, proper maintenance and use of its wetlands giving due consideration to the
reasonable economic and social development of the Town. In addition, the Town Board declares that it
is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks
for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the
Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the
health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in
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Southold Town Board
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order to maintain and contribute to the following resource area values and the attributes and functions
they possess: protection of public and private water supply; groundwater; flood control; erosion and
sedimentation control; storm damage prevention; water pollution control; fisheries; shellfish, including
spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation.
In addition, the following resource area values shall be maintained and protected: prevention of flood
damage by limiting of development in flood hazard areas; prevention of damage to structures and
natural resources as a result of erosion; improvement of water quality; protection and enhancement of
existing vegetation cover in order to maintain water quality and wildlife habitat; protection of wildlife,
waterfowl, and plant habitat and the maintenance of existing populations and species diversity;
prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater
runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal
ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public
access to water and land; improvement of groundwater recharge; and the minimization of the impact of
new development, restoration and/or expansion on the resource area values listed above.
(2. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of
Southold.
(1) Any freshwater wetland, tidal wetland, beach, dune, flat, marsh, swamp, wet
meadow, bog, or vernal pool;
(2) Any creek, estuary, stream, pond, or lake;
(3) Land under water;
(4) Land subject to tidal action;
(5) Land within 100 feet of the areas listed above.
D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential
property within the jurisdiction of the Board of Trustees:
(1) Wetland Boundary
(a) Residence - one hundred (100) feet;
(b) Driveway - fifty (50) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Septic tank - seventy five (75) feet;
(e) Swimming Pool and related structures - fifty (50) feet;
(f) Landscaping or gardening - fifty (50) feet;
(2) Bluff Line
(a) Residence - one hundred (100) feet;
(b) Driveway - one hundred (100) feet;
(c) Sanitary leaching pool (cesspool) - one hundred (100) feet;
(d) Swimming Pool and related structures - one hundred (100) feet;
The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or
environmental conditions justify such action.
§ 97-13. Exceptions.
A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following:
(1) The ordinary and usual operations incidental to the harvesting of fish and shellfish.
(2) The ordinary and usual operations relative to conservation of soil, vegetation, fish and
wildlife landward of the wetland boundary.
(3) The ordinary and usual operations relative to pre-existing commercial agriculture and
horticulture landward of the wetland boundary.
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Southold Town Board
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(4) The ordinary and usual operations relative to residential horticulture landward of the
wetland boundary.
(5) The ordinary and usual maintenance or repair (of the same dimensions) of a presently
permitted, existing building, dock, pier, wharf, jetty, groin, dike, dam or other water control
device or structure.
(6) Environmental testing activities, including test borings, small volume soil sampling,
environmental assessment and inventory activities provided such operations do not have an
undue adverse impact on the wetlands and tidal waters of the town.
(7) The ordinary and usual maintenance or repair of a man-made pond as defined in (§ 97-
11).
(8) Proactive restoration or enhancement projects conducted in cooperation with the
Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other
vegetative enhancement work.
B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of
Trustees.
ARTICLE IL Permits
§ 97-20. Permit procedures.
A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person
shall conduct operations on any area within Trustee Jurisdiction (§ 97-12 C) without first obtaining a
written permit therefor issued by the Trustees as hereinafter provided and only while such permit
remains in effect.
B. Administrative Permit. The Administrative Permit review process is intended to provide for
expedited review for projects that are deemed consistent with the Board's policy regarding protection
of wetland resources. If the proposed operations meet with all the current setback requirements as
defined by § 97-12 and do not pose a threat to the overall function and condition of wetlands or
adjacent buffer areas applicants may request an Administrative Permit review. This review does not
relieve the applicant of providing all the application requirements (§ 97-21) or obtaining permits from
other jurisdictions including, but not limited to New York State Department of Environmental
Conservation and United States Army Corp of Engineers. Under the Administrative review process,
each application will be reviewed by at least one member of the Board. See 97-23H for details of
approval. The following operations will be considered for Administrative review:
(1) Construction, installation or removal of a split-rail fence, open arbor, trellis or other
similar structure, provided that such operation will not have an undue adverse impact on the
wetlands and tidal waters of the town. Concrete footings are not permitted within wetlands.
(3) Removal of any material or structure provided that a project limiting fence and a silt
fence with hay bales is installed to contain disturbance if deemed necessary and provided that
such operations will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(4) Construction of additions to the landward side of an existing functional single-family
dwelling, where such dwelling generally lies parallel to the wetland boundary and provided that
all new and existing runoff is captured on site. Such addition must be less than or equal to 25%
of area (foot print) of the existing structure.
(5) Remodeling, renovation or reconstruction of a structure provided that such activity will
not have an undue adverse impact on the wetlands and tidal waters of the town.
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Southold Town Board
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(6) Construction of accessory structures for existing single-family dwellings provided that
such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town and the setback is no less than fifty (50) feet.
(7) Construction or improvement of pervious residential driveways or walkways provided
that such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(8) The demolition, removal, relocation, repair and/or upgrading of existing fuel tanks, fuel
lines, fuel dispensers, cesspools, septic systems, or sanitary wastewater activities, including
necessary site work and provided that such activity will not have an undue adverse impact on
the wetlands and tidal waters of the town.
(9) Construction or installation of drainage structures for the retention of runoff provided
that such structures incorporate the maximum feasible setback from wetlands and provided that
such activity will not have an undue adverse impact on the wetlands and tidal waters of the
town.
(10) Cutting of common reed (Phragmites australis) to within twelve (12) inches of the soil
surface landward of the wetland boundary. This does not include mowing to ground level.
(11) The construction of a permitted bulkhead, which is to replace an existing functional
bulkhead, subject to the following:
(a) that the new bulkhead is constructed substantially similar to the design and
measurement of the existing bulkhead, and
(b) the new bulkhead is in the same location as the existing bulkhead.
Any such activities shall require the addition of a non-turf buffer area not to exceed twenty (20)
feet wide as defined in (§ 97-11).
§ 97-21. Application.
A. Contents of Application. A permit may be issued upon the written, verified application of the
person proposing to perform operations on wetlands. Six (6) copies of the complete application,
including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such
application shall contain the following information:
(1) The name and address of the applicant and the source of the applicant's right to
perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.).
In all cases where the applicant is not the owner of the premises where such operations are
proposed to be conducted, the notarized consent of the owner, duly acknowledged, must be
attached to said application.
(2) A schedule for the proposed activities with a completion date.
(3) The purpose of the proposed operations.
(4) The amount of material proposed to be removed or deposited, and/or the type, size
and location of any proposed structure.
(5) A description of the area from which the removal or in which the deposit of material
is proposed, or in which structures are to be erected. The description shall be appropriately
referenced to a permanent reference point or monument.
(6) The depth to which the removal or the deposit of material is proposed throughout
the area of operations, and the proposed angle of repose of all slopes.
(7) The manner in which the material will be removed or deposited, or structures
erected.
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Southold Town Board
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(8) Such application shall be accompanied by a survey and topographical map, created
no more than one (1) year prior to the date of application, with contours at two-foot intervals,
showing the area from which the removal or in which the deposit of materials is proposed, or in
which structures are to be erected, certified by a registered land surveyor or registered
professional engineer, licensed by the State of New York. Such survey and topographical map
shall show the soundings of the area in which operations are proposed to be conducted. The
horizontal control of said survey shall be based on an approved local coordinate system. The
vertical control for elevations shall be based on the United States Coast and Geodetic Survey
datum.
(9) A statement of the effect, if any, on the wetlands and tidal waters of the town that
may result by reason of such proposed operations.
(10) A statement describing any known prior operations conducted on the premises in
question and whether any prior licenses to permits have been issued to erect structures or to
dredge or deposit fill on said premises and whether any such permits or licenses were ever
revoked or suspended by a governmental agency.
(11) Documentary proof of permits that have been applied for, are pending, and have
been granted including but not limited to NYSDEC, Suffolk County Health Department,
USACOE.
(12) A description of how the proposed activities will be mitigated including erosion
control, re-planting and restoration, designated points of access. All proposed operations will
be clearly defined on a survey and described in a project narrative. The Trustees reserve the
right to require specific re-planting and restoration methods. Any re-planting and restoration
guidelines shall be in keeping with guidelines set by the Town of Southold.
(13) Current photos of the subject area showing the proposed area of operations from at
least two opposite directions. Each photo should be labeled with the date, time and direction.
The location of the photos shall be noted on the survey, project plan or provided on a separate
sketch map.
(14) Drainage upgrade. At the discretion of the Board non-administrative applications
may require submittal of a drainage upgrade plan. This plan must indicate how all existing and
proposed onsite drainage from a two (2) inch rainfall is retained within the subject parcel
landward of the wetland boundary. Retention can include but is not limited to infiltration or
impoundment. All drainage plans shall show the calculations used to develop the plan. At the
discretion of the Board said plans may require certification from a licensed engineer.
(15) All permit applicants shall submit to the Board of Trustees an affidavit signed by the
owner of the project property which indemnifies and saves harmless the Town of Southold
from any claims arising out of or connected with operations under the permit and from all acts,
omissions, commissions or negligence on the part of the applicant, his agents or employees, in
such form as shall be approved by the Town Attorney.
(16) An Ethical Disclosure statement as provided by the Town of Southold relating to
applications for permits and other governmental requests.
(17) A statement indicating that submission of false information will result in rejection of
the application and may subject the applicant to criminal sanctions.
B. Waiver of certain requirements. The Trustees, upon request of the applicant for a permit, may
waive, in whole or in part, the provisions of Article II, § 97-21A 8, 11, 14 or § 97-27, 2 where it finds
that the nature of the proposed operations is such that the requirements of such provisions are not
January 20, 2004
Southold Town Board
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necessary for a proper consideration of a permit application. The resolution providing for the waiver
shall clearly indicate why the waiver was granted.
{} 97-22. Fees.
A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of-two
hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable.
For structures that have been previously built without a permit the fee will be doubled.
B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the
issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to
the Clerk upon the issuance of a permit. Inspection fee costs will be based on a $50 per site visit.
C. Pursuant to New York State Law, all costs incurred by the Town for SEQRA review shall be
paid by the applicant.
D. Consultant Fee: The Board, at its discretion, depending on the scale and potential impact of
proposed operations, is authorized to require the posting of a Consultant Fee by an applicant. This fee
shall be used to hire an independent, expert consultant to investigate the site for the proposed project
and to examine the plans or other information submitted by the applicant to assist the Board in
evaluating potential adverse impacts upon a resource area by the proposed project. The Board in its
discretion will determine whether the complexity of the activity, the difficulty in determining the threat
to the resource areas or the size of the request or project involves and requires more information and
analysis than can reasonably be supplied to the Board without independent technical professional
assistance.
(1) The Board may require the payment of the Consultant Fee at any time in the
deliberations prior to a final decision.
(2) The Consultant Fee may be required for expert opinion regarding, but not limited to,
wetland resource area surveys and delineations, analysis of resource area values, wetland
resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish
surveys, and environmental land use law, or any of the following:
(a) placement, removal or grading of at least fifty (50) cubic yards of material;
(b) five hundred (500) square feet or greater alteration of a resource area;
(c) shoreline or bank alteration to a coastal or inland waterway;
(d) five hundred (500) square feet or greater alteration to land in a naturally
vegetated condition that constitutes a resource buffer area;
(e) discharge of any pollutants into or contributing to surface or groundwater of the
resource area;
(f) construction of any stormwater control facility, or water control structure; or
{} 97-23. Processing of application.
A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre-
submission site visit to discuss the proposed operations with the Board. Discussions in the field are
purely advisory and non-binding but this meeting is intended to facilitate communication between the
applicant and the Board. There will be no fee for this conference.
B. Investigation and coordination. Upon receipt of the application, the Clerk shall forward one (1)
copy thereof to the Conservation Advisory Council, when appropriate, one (1) copy to the Planning
Department, one (1) copy to the Zoning Board, and one (1) copy to be filed with the office of the
Trustees. The Conservation Advisory Council shall review said application and the effect, if any, on
the wetlands and tidal waters of the town that may result from the proposed operations and shall,
January 20, 2004
Southold Town Board
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within twenty (20) days of receipt of the same, forward its written report of findings and
recommendations with respect to such application to the Trustees. If the Conservation Advisory
Council shall recommend that such application be disapproved, the reasons for such disapproval shall
be set forth in such report. If no response is received within 20 days the application is not subject to
further Conservation Advisory Council review.
C. All paperwork relative to an application shall be submitted at least seven (7) days before the
scheduled hearing. The submittal of additional paperwork after this time may result in delays in
processing of the application.
D. Hearing. The Trustees shall hold a public hearing on such application. Notice shall be provided
pursuant to Chapter 58 of the Town Code.
E. Action. After the public hearing on such applications, the Trustees shall either adopt a
resolution directing the issuance of a permit or adopt a resolution denying the application. A resolution
directing the issuance of a permit may be adopted only if the Trustees find that the proposed operations
will conform to the standards set forth in § 97-27 hereof. If the Trustees adopt a resolution denying an
application for a permit, the reasons for such denial shall be set forth in the resolution.
F. Modifications and Amendments. Any and all modifications and amendments of existing
permits shall be reviewed by the Trustees in accordance with the standards set forth in this chapter, and
may be subject to public hearing.
G. Tabled applications. If an applicant tables an application for any reason it will be considered
withdrawn if it does not go to public hearing within four (4) months of the time it was tabled. After
such time the applicant will have to reapply for a permit.
H. Administrative Permits. An Administrative Permit is deemed to have no adverse impact on the
wetlands and tidal waters of the town, and a public hearing and notice are not required prior to
issuance of a permit. The final decision will be made upon resolution.
§ 97-24. Issuance of permit: conditions; inspection fees; performance guarantee.
The Trustees may, upon the adoption of a resolution directing the issuance of a permit:
A. Impose such conditions on the manner and extent of the proposed operations as it deems
appropriate, consistent with the purpose of this chapter.
B. Fix the time by which operations must be commenced and within which they must be
completed.
C. Require the payment of inspection fees.
D. Under certain circumstances the Board may require the submittal of"as-built" plans, upon
completion of operations, stamped by a licensed surveyor and/or engineer.
E. Performance Guarantee. The Trustees may require a performance guarantee to ensure the
proposed operations are conducted in compliance with a permit. If the work is not conducted as
described in the permit or such work is causing harm to the protected resource, notice will be given in
writing. The Board may require, as a permit condition, that performance and observance of other
conditions be secured by one or both of the following methods: (1) Bond;
(2) deposit of money;
(3) negotiable securities; or
(4) other undertaking of financial responsibility.
F. Liability insurance. The applicant for a permit shall, before the issuance of said permit by the
Clerk, file with the Clerk a certificate that the contractor chosen to perform the work under the permit
January 20, 2004
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has liability insurance policies insuring against any liability which may arise in the performance of the
operations pursuant to such permit, which said policies shall name the town as an additional insured.
§ 97-25. Contents of permit.
Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a
period of two (2) years from the date of approval. Said permit may be renewed for two consecutive
one year periods at the discretion and review of the Board. Each permit shall state the following:
A. The name of the permittee.
B. The date of issuance and expiration of the permit.
C. A schedule of when operations will be conducted.
D. The conditions imposed by the Trustees on the issuance of the permit.
E. The specific location of the areas to be affected by the operations of the permittee.
F. A statement that: "The validity of this permit is or may be subject to the approval of other
governmental or municipal authorities. The town accepts no responsibility in applying for or obtaining
such approval. In the event that such approval is necessary, the holder of this permit shall not
commence operations hereunder until such approval has been obtained in writing. The failure to obtain
such other approval when required shall subject this permit to immediate revocation by the Clerk upon
receipt by the Clerk of written notice from such other governmental or municipal authorities of its
refusal or disapproval." Acceptance of the permit is acceptance of this condition.
G. A statement that: "The applicant does, by the acceptance of this permit, assume all
responsibility for operations undertaken pursuant to this permit, and shall take all precautions for the
prevention of injuries to persons and property resulting from such operations. By such acceptance, the
applicant also agrees to indemnify and save harmless the town and its officers, agents and employees
from any and all claims arising from operations under this permit and any and all acts or omissions of
the applicant, his agents and employees." Acceptance of the permit is acceptance of this condition.
H. A statement that: "The applicant and the owner and occupants of the premises upon which the
operations authorized by this permit are being conducted do, by the acceptance of this permit, give
consent to the town and its officers, employees and agents to enter upon the premises where such
operations are being conducted to make such inspections to determine whether said operations are
being conducted in conformity with the permit and, if necessary, to conduct said operations according
to the Performance Guarantee (97-24E)."
I. A statement that: "The applicant is required to notify the Trustees in writing one week prior to
initiation of any and all operations."
J. A statement that: "The applicant is required to notify the Trustees in writing upon completion
of operations such that the site can be inspected for issuance of a certificate of compliance (§ 97-29)."
§ 97-27 Construction and Operation Standards
A. General.
The following standards are required for all operations within the jurisdiction of the Trustees:
(1) Drainage upgrade. Applicants for a permit for any form of construction may be required
to upgrade the sites drainage system such that all surface water generated from impervious
surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or
filling operations will be required to submit a drainage plan for the entire site at the discretion
of the Trustees. See § 97-21(14) for requirements.
(2) Erosion control. Installation of an erosion control structure is necessary during any
building, grading, landscaping or site work activity within Trustee jurisdiction. This structure
may include, but is not limited to installation of a silt fence, hay bales, wood chip berm and silt
January 20, 2004
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30
booms. The placement of the erosion control structure(s) shall be determined by the Trustees
or their designee. All intertidal construction and excavation requires the installation of a silt
boom that will retain all suspended sediments within the immediate project area.
(3) New and remodeled homes. New and remodeled homes cannot be situated or modified
such that they project closer to the wetland boundary than homes on either side of the subject
lot.
(4) Fences. Only split rail fences are allowed on beaches. Fences on beaches shall not be
closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet of
fence is allowed. Posted signs shall be no larger than twelve (12) inches by twelve (12) inches
square.
(5) Swimming pools. Applications for new pools must include a description of how all
pool drainage will be retained onsite using dedicated drywells or similar structures. All future
pool drainage shall be discharged to this dedicated system.
(6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs.
Platforms associated with stairs may not be larger than sixteen (16) square feet.
(7) Critical environmental areas. At the discretion of the Board of Trustees, any operations
proposed in critical environmental areas (§ 97-11) may be subject to more stringent
requirements than detailed in this section. Such requirements may include, but are not limited
to, denial of certain operations, shortening or reducing the size of structures, and increasing the
width of non disturbance buffers.
B. Shoreline Structures.
The following standards are required for all operations relating to shoreline structures on residential
properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in
these requirements given the water dependent nature of their use.
(1) Bulkheads, Retaining Walls, Revetments and Gabions.
(a) Only in place replacement of existing functional bulkheads (as defined in § 97-
11) is permitted. In-kind replacement relates to the position and dimensions and does
not necessarily require or allow for the use of the same materials. At their discretion,
the Board may allow for a one time projection of the replacement structure seaward of
the original, only if such placement will not project the proposed structure seaward of
adjacent, neighboring structures and if the proposed installation is in close proximity to
the original structure. Any subsequent repair or replacement following the first
replacement requires the structure to be built on or landward of the original structure.
(b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme
erosion is demonstrated and it shall not increase erosion on neighboring properties.
(c) Bulkheads on the Sound must be armored with stone.
(d) All bulkhead construction and renovation work requires the establishment of a
permanent non-turf buffer as defined by § 97-11.
(e) Retaining walls are not permitted unless excessive erosion can be demonstrated.
(f) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any type
including but not limited to those listed above cannot be applied to any bulkheads,
retaining walls or revetments after installation. These restrictions do not apply to
structures proposed landward of the wetland boundary.
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(g) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(h) New bulkheads in creeks and bays are prohibited, unless the operation involves
construction of a low-sill bulkhead.
(i) Machine excavation is prohibited in tidal and freshwater wetland areas.
C. In Water.
The following standards are required for all in water operations adjacent to residential properties.
Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these
requirements given the water dependent nature of their use.
(1) Jetties and Groins.
General Rules
(a) Only low-profile jetties as defined in § 97-11 will be permitted
(b) Only in place replacement of existing low-profile functional jetties and groins
(as defined in § 97-11) is permitted.
(c) Pre-backfilling of jetties and groins may be required.
(d) In order to prevent the release of metals and other contaminants into the
wetlands and waters of Southold, the use of lumber treated with chromated copper
arsenate (also known as "CCA"), creosote, penta products or homemade wood
preservatives is prohibited for use in sheathing and decking. Preservatives of any type
including but not limited to those listed above cannot be applied to any jetty or groin
after installation
(e) The use of tropical hardwoods is not permitted unless it is certified by the Forest
Stewardship Council or similar organization.
(f) No new jetties or groins will be permitted unless the work results in a net
decrease in the total number of jetties in the subject area.
(2)
Docks
(a) Standards for Residential and Commercial Docks
It shall be the policy of the Town of Southold that all docks shall be designed,
constructed and located so as to reduce a dock's potential adverse impacts to navigation,
public safety, waterway congestion, access to public trust lands and water, and natural
resources and habitats. The following standards will serve as a basis for granting,
denying, or limiting permits for the construction of docks.
General Rules
1. No dock shall be constructed, altered or removed without a permit issued
by the Southold Town Trustees. In determining whether to approve such
application, the Trustees shall consider the factors contained in paragraph § 97-
27 D. below and all other provisions of this law.
2. All docks shall be constructed of sturdy, durable and stable materials
capable of maintaining position and location, supporting pedestrian traffic, and
resisting lateral loads resulting from wind, wave, and impact forces. Docks shall
be constructed, where possible, to permit the free circulation of water, reduce
the effects of fluctuating water levels, and prevent adverse modification of the
shoreline. Applicants shall certify as to the structural integrity of the dock so as
not to cause a threat to the person or property of others.
3. In order to prevent the release of metals and other contaminants into the
January 20, 2004
Southold Town Board
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wetlands and waters of Southold, the use of lumber treated with chromated
copper arsenate (also known as "CCA"), commercial copper quat (CCQ),
creosote, penta products or homemade wood preservatives is prohibited for use
in sheathing and decking. Similarly, the use of tropical hardwoods is prohibited
unless it is certified by the Forest Stewardship Council or similar organization.
Materials used for structural components shall be determined at the discretion of
the Trustees.
4. All docks and gangways onto such docks shall provide a safe pedestrian
surface at all times.
5. All docks, including any vessel tied to the dock, shall have a minimum
clearance of fifteen (15) feet of the seaward extension of any property line from
adjacent parcels so as not to interfere with the neighbor's access to waters,
unless the Trustees decide otherwise for navigational or other reasons.
Waterside boundaries can be identified using the appropriate method for the
shape of the shoreline for Long Island waters specified in 9 NYCRR 274.5.
6. All docks and floats shall have the appropriate permit number
permanently affixed to the most seaward face for identification. Said numbers
shall be at least three (3) inches high and constructed of metal, wood, plastic or
other material such that they can withstand exposure to the elements and are
visible from the water.
7. Except for structures used for water dependent uses, there shall be no
permanent structure located on or above the docks, ramps and floats.
8. Any application for a dock to be constructed at the end of a right of way
or commonly-held land requires the written consent of all parties having an
interest in the right of way, regardless of how property interests in the upland
parcel may be divided among the owner(s), lessee(s), occupant(s), easement
holder(s), or any other person(s) or entity(ies) with a legal or beneficial interest
in any existing or proposed docking facility.
9. All applicants for docks, including catwalks and ramps, extending across
the foreshore shall be required to give and maintain a public passing way, on the
upland, not less than five (5) feet in width, to enable persons to pass and repass
around said dock or by steps or a ramp allowing pedestrian passage.
10. Pre-existing non-permitted and/or non-conforming structures cannot be
replaced in kind without full review and approval by the Trustees.
Dock Locations and Lengths
1. No dock shall be erected or extended if, in the opinion of the Trustees,
such structure would adversely affect navigation, fisheries, shell fisheries, scenic
quality, habitats or wetland areas.
2. Within creeks and other narrow waterways, no dock length shall exceed
1/3 the total width of the water body. Determination of the length of the dock
must include the dimensions of the vessel.
3. Prohibited Locations and Activities
[a] Given the unique and sensitive natural environmental
characteristics described in the Town of Southold Local Waterfront
Revitalization Plan and the New York State Department of State
Significant Habitat descriptions, no new docks will be permitted, over
January 20, 2004
Southold Town Board
33
(c)
vegetated wetlands or such that it causes habitat fragmentation of
vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck
Creek and Pond and West Creek
[b] Machine excavation is prohibited in tidal or freshwater wetland
areas.
[c] Placement of fence, mesh or other material preventing passage
under docks is prohibited.
[d] Floating docks, other floats and dock components and duck
blinds shall not be stored on tidal wetlands, other intertidal areas or
freshwater wetlands.
Regulations for the Placement and Configuration of Docking Facilities
1. Residential Docks:
[a] Only one dock or mooring is permitted per residential lot.
[b] If any part of a residential dock structure includes a float or
floating dock, the float or floating dock portion shall be designed so that,
with the exception of the pilings,
1. it is no larger than six (6) feet wide and twenty (20) feet
long except on Fishers Island if the need is demonstrated;
2. no part of the floating dock will contact the bottomland
during a normal low tide.
[c] In determining the permitted length of a proposed residential
dock the Trustees shall seek to maintain lengths consistent with the other
docks (i.e., pier line) in the waterway which meet the requirements of
this law.
[d] Pilings shall not project more than three (3) feet above the
surface of a dock or catwalk unless a need for greater height is
demonstrated.
[e] All excess fill from installation of pilings must be removed from
tidal or freshwater wetland area on the same day as installation and
disposed of in an approved upland disposal area.
[fi Tie off poles associated with residential docks will only be
permitted to secure one (1) vessel. If the dock utilizes a float the poles
shall not project farther seaward than the outer edge of the float. If a
float is not used the pole(s) can be situated seaward of the end of the
dock sufficient to secure the vessel.
[g] Only one hand rail is permitted on a residential dock unless the
need for two is demonstrated. Rails shall not be higher than three (3)
feet above the surface of the dock and posts shall not be placed closer
than 6 feet on center or larger than 4"x4" in dimension.
[h] Residential catwalks and ramps are limited to four (4) feet in
width.
[i] Residential boatlifts are prohibited.
2. Commercial Docks (Marinas, Yacht Clubs and Restaurants):
Given the water dependant nature and economic benefit of properties zoned as
M1 and M2, dock design constraints and placement restrictions will be given
greater flexibility than would otherwise be allowed for residential uses.
January 20, 2004
Southold Town Board
34
(3)
[a] Construction of new marinas and additions to existing marinas
shall require establishment of a pump-out facility for vessel sanitary
waste.
(d) Review and Approval of Dock Applications
1. Before issuing a permit for a dock structure, the Trustees shall consider
whether the dock will have any of the following harmful effects:
[a] Whether the dock will impair navigation or be located in areas of
high vessel traffic or vessel congestion;
[b] Whether the dock will unduly interfere with the public use of
waterways for swimming, boating, fishing, shellfishing, waterskiing and
other water dependant activities;
[c] Whether the dock will unduly interfere with transit by the public
along the public beaches or foreshore;
[d] Whether the dock will significantly impair the use or value of
waterfront property adjacent to or near the dock;
[e] Whether the dock will cause degradation of surface water quality
and natural resources;
[fi Whether the dock will cause habitat fragmentation and loss of
significant coastal fish and wildlife habitats;
[g] Whether the dock will result in the destruction of or prevent the
growth of vegetated wetlands, seagrasses including eelgrass (Zostera
marina) and widgeon grass (Ruppia maritima) or shellfish;
[i] Whether the dock will unduly restrict tidal flow or water
circulation;
[j] Whether the dock will be safe when constructed;
[k] Whether the dock will adversely affect views, viewsheds and
vistas important to the community;
[1] Whether the cumulative impacts of a residential and commercial
dock will change the waterway or the environment and whether alternate
design, construction, and location of the dock will minimize cumulative
impacts; and
[m] Whether adequate facilities are available to boat owners and/or
operators for fueling, discharge of waste and rubbish, electrical service
and water service
Dredging.
(a) Creeks:
(1) Maintenance dredging (as defined in § 97-11) only is permitted, unless applicant
owns underwater land or applicant is requesting permission to dredge in connection
with installation of low sill bulkheads.
(2) Dredging may be permitted when it can be demonstrated that the actions of man
have resulted in impairment to water quality or habitat value.
(3) Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata,
Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera
marina) meadows is prohibited.
(b) Freshwater wetlands:
January 20, 2004
Southold Town Board
35
(1) Dredging of freshwater ponds may be permitted when it can be demonstrated
that such action will restore the waterbody to a historic condition, improve water quality
or habitat value.
§ 97-28. Standards for issuance of permit.
The Trustees may adopt a resolution directing the issuance of a permit to perform operations applied
for only if it determines that such operations will not substantially:
A. Adversely affect the wetlands of the town.
B. Cause damage from erosion, turbidity or siltation.
C. Cause saltwater intrusion into the fresh water resources of the town.
D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and
vegetation or the natural habitat thereof.
E. Increase the danger of flood and storm-tide damage.
F. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town.
G. Change the course of any channel or the natural movement or flow of any waters.
H. Weaken or undermine the lateral support of other lands in the vicinity.
I. Otherwise adversely affect the health, safety and general welfare of the people of the town.
J. Adversely affect the aesthetic value of the wetland and adjacent areas.
§ 97-29 Certificate of Compliance. A certificate of compliance shall be issued by the Trustees prior to
use or occupancy of a structure, which has been erected, enlarged, or altered pursuant to the issuance
of a permit in this Chapter.
§97-30. Transferability.
A permit issued pursuant hereto shall not be transferred or assigned without the prior approval and
review of the Trustees. The fee for transferring said permit shall be fifty ($50.00) dollars.
ARTICLE III, Administration and Enforcement
§ 97-31. Coordination and Enforcement
The Director of Code Enforcement and/or the Bay Constable are responsible for coordination and
enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables
have the authority to issue violations of this Chapter.
§ 97-32. Notice of violation.
A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to
believe that operations regulated hereby are being conducted in violation of the provisions of this
chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of
the property, or the owner's agent or the person performing such operations, to suspend all operations;
and any such person shall forthwith cease operations until such notice of violation has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall state the conditions, which
must be complied with and the time within which compliance must be completed before operations
may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply
for a hearing before the Trustees, as hereinafter provided.
C. Such notice shall be served upon the person to whom it is directed by delivering it to him
personally or by posting the same in a conspicuous place on the premise where operations are being
conducted and mailing a copy thereof to such person by certified mail to his last known address.
D. The Director of Code Enforcement or Bay Constable may extend the time of compliance
specified in the notice of violation where there is evidence of intent to comply within the time
specified and conditions exist which prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has been served shall fail to
comply with said notice within the time specified therein or within the time specified in any extension
January 20, 2004
Southold Town Board
36
of time issued by the Director of Code Enforcement or Bay Constable, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
F. It shall be unlawful for any person served with a notice of violation pursuant to {} 97-31C to fail
to comply with such notice.
{} 97-33. Hearing on violation.
A. Any person affected by a notice of violation issued pursuant to the preceding section hereof
may request and shall be granted a hearing before the Trustees, provided that such person shall file a
written request therefor with the Clerk within ten (10) days after service of the notice of violation.
Such request shall have annexed thereto a copy of the notice of violation upon which a hearing is
requested and shall set forth the reasons why such notice of violation should be modified or rescinded.
B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees
shall set a time and place for such hearing and shall give the person requesting the same ' at least five
(5) days' notice of the time and place thereof.
C. At such hearing, the person requesting the same, or his representative, shall be given an
opportunity to show cause why such notice of violation should be modified or rescinded. After such
hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit
previously issued, and shall specify the reasons therefore.
D. The notice of violation for which a hearing is requested shall continue in effect pending the
hearing and determination of the Trustees.
{} 97-34. Compliance requirements and penalties for offenses.
A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents
or any other person to fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable
or to conduct any operation in a manner not in compliance with a permit issued pursuant to this
chapter.
B. For each offense against any of the provisions of this chapter or any regulations made pursuant
thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay
Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect,
contractor or their agents or any other person who commits, takes part or assists in the commission of
any such offense or who shall fail to comply with a written order or notice of the Director of Code
Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which
such violation occurs shall constitute a separate, additional offense.
(1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the
Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be
subject to fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not less
than fifteen (15) days nor more than six (6) months, or both;
(2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a
permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent
offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor
more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6)
months, or both;
(3) Failure to heed a cease and desist order. Any person conducting operations in direct
contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1000 and
not more than $2,000. For each subsequent offense, the violator shall be guilty of a misdemeanor
punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less
than fifteen (15) days nor more than six (6) months, or both;
January 20, 2004
Southold Town Board
37
(4) Restoration. In lieu or in addition to these punishments, any offender may be punished by
being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall
specify a reasonable time for the completion of such restoration, which shall be effected under the
supervision of the approving authority. The Trustees reserve the right to require specific re-planting
and restoration methods.
(5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical
or other constraints, other mitigative measures such as off-site wetland restoration or creation may be
required.
C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or
their agents if they are named as defendants in an outstanding or unresolved wetland violation.
D. In addition to the above-provided penalties, the Trustees may also, if authorized by the Town
Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation of this chapter.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN ROMANELLI: This is the second public hearing on the Trustees modifications to
the Code, this is the one that we are having after the first one where we got a lot of public input that I
think they incorporated a lot of it in.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#63
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute a Letter of Consent allowing tenant Cellular Telephone
Company d/b/a/AT&T Wireless to make improvements to their equipment located on the tower at
the police station, subject to the approval of the Town Attorney and Town Engineer.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#64
Moved by Councilman Ross, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of $outhold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Steven Dubner,
pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of $outhold. Said
property is identified as $CTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the
south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the
east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in
Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres of
January 20, 2004
Southold Town Board
38
the farm. The exact area of the development rights easement is subject to survey. The purchase price is
$28,000 (twenty-eight thousand dollars) per buildable acre. The Town may be eligible for a grant from
the New York State Department of Agriculture for partial purchase of this property and part of the
purchase price may be reimbursed from that agency; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#65
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on part of a certain parcel of property of agricultural lands owned by Steven Dubner,
pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said
property is identified as SCTM #1000-84-1-8 and 24515 CR 48, and is located on the north side of CR
48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The
development rights easement comprises approximately 21.9 acres of the 23.9 acre farm. The exact area
of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand
dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department
of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed
from that agency; be it therefore
RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form
prepared for this project is accepted and attached hereto; be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#66
Moved by Councilman Wickham, seconded by Justice Evans, it was
January 20, 2004
Southold Town Board
39
RESOLVED that the Town Board of the Town of Southold hereby increases the salaries by 6% for
the following employees who have completed 20 continual years of service, effective January 15,
2004:
Burke, Stephen
Easter, Mark
Hoch, Richard
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#67
Moved by Councilman Romanelli, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Horton to execute an Interim Agreement with the North Fork Animal
Welfare League while the parties negotiate a new contract for the operation of the Southold Town
Animal Shelter.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#68
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes a change in the
proiect items for the Cutchogue Chamber of Commerce downtown beautification proiect.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#69
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffrey Weingart as a
Driver/Traffic Control Officer/School Crossin~ Guard effective January 22~ 2004, at an hourly
rate of $14.6578. This position has a 37.5-hour workweek.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#70
Moved by Justice Evans, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Wastewater
Disposal District budget as follows:
To-'
SS1.8130.4.400.600
SS1.8130.4.400.800
From:
SS1.8130.4.100.550
Building Maintenance/Repairs
Sludge Removal
Equipment Parts/Supplies
500.00
15,000.00
3,000.00
January 20, 2004
Southold Town Board
40
SS1.8130.4.200.200 Light & Power
SS1.8130.4.400.900 Tank Cleaning
SS1.9010.8.000.000 Retirement Benefits
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
1,300.00
5,000.00
6,200.00
Councilman Ross, Councilman Wickham,
#71
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to transmit the proposed "A Local Law in relation to a new Chapter 97 "Wetlands and
Shoreline" to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports, and Be it further
RESOLVED that the Town Clerk is authorized to transmit the proposed "A Local Law in relation to a
new Chapter 97 "Wetlands and Shoreline" to Nelson, Pope and Voorhis to conduct an updated SEQRA
review, and Be it further
RESOLVED that the Town Clerk is authorized to publish notice of the aforesaid proposed Local Law
in the Traveler Watchman, The Suffolk Times and Newsday.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#72
Moved by Councilman Romanelli, seconded by Councilman Ross, it was
RESOLVED, that the Town Board of the Town of Southold hereby authorizes the additional
expense for engineering inspection services performed by H2M Group in the amount of
$ 8~050.00 to cover the extended time period beyond the original date of completion, and be it further
RESOLVED that the Town Board has agreed to proceed with the collection of liquidated damages
from Chesterfield Associates Inc. in the amount of $8,050.00.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#73
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local
Law entitled "A Local Law in relation to Permitted Uses in the Light Industrial District" is
classified as a Type I Action pursuant to SEQRA Rules and Regulations, and be it further
RESOLVED that the Town Board of the Town of Southold, acting as lead agency, has determined
that the aforesaid Local Law will not have a significant environmental impact, and a Negative
Declaration is adopted.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Ross, it was
January 20, 2004
Southold Town Board
41
RESOLVED that this Town Board meeting be and hereby is recessed in order to hold four (4) public
hearings in the matters of (1) HEARING ON THE WAIVER FROM THE SUBDIVISION
MORATORIUM REQUEST OF THE ESTATE OF PAWLUCZYK, SCTM #1000-84-5-4; (2)
HEARING ON "A LOCAL LAW IN RELATION TO PERMITTED USES IN THE LIGHT
INDUSTRIAL DISTRICT"; (3) HEARING ON THE PURCHASE OF DEVELOPMENT
RIGHTS ON AGRICULTURAL LANDS OF DUBNER, SCTM #1000-84-1-8 AND 24515 CR 48
AND (4) HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS ON
AGRICULTURAL LANDS OF DUBNER~ SCTM #1000-84-4-6.1 AND 3670 COX LANE.
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
Meeting was resumed at
#74
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS an application has been made by the Estate of Bertha Pawluczyk for a waiver from the
provisions of Local Law #3 of 2002 (and extensions thereof) entitled "Temporary Moratorium on the
Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor
Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the
Town of Southold" pursuant to Section 6 "Appeal Procedures", to permit the Planning Board to
consider an application for a minor subdivision for the parcel of property known as SCTM# 1000-84-
5-4; and
WHEREAS the application involves the subdivision of a 4.19 acre parcel into 2 lots; and
WHEREAS the Town Board has reviewed the file, conducted a public hearing, and considered all
pertinent documents; and
WHEREAS the criteria that the applicant must meet is set forth in Section 6. (Appeal Procedure) of
Local Law #3-2002 and the extensions of said Local Law, and the section states:
Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary
or waive the application of any provision of this Local Law, in its legislative discretion, upon
its determination, that such variance or waiver is required to alleviate an extraordinary hardship
affecting a parcel of property. To grant such request, the Town Board must find that a variance
or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of
the Town of Southold or any comprehensive planning being undertaken in the Town. The
Town Board shall take into account the existing land use in the immediate vicinity of the
property and the impact of the variance or waiver on the water supply, agricultural lands, open
and recreational space, rural character, natural resources, and transportation infrastructure of
the Town. The application must comply with all other applicable provisions of the Southold
Town Code.
WHEREAS the Town retained a "moratorium group" consisting of in-house and outside planners and
attorneys who have developed a "Comprehensive Implementation Strategy" of the Comprehensive
Plan of the Town of Southold, and certain comprehensive planning currently being undertaken
includes, but is not limited to, 80% preservation of open space throughout the Town and a 60%
reduction in density, clear establishment of the Hamlet Centers, and a possible Transfer of
Development Rights component (a full description of the "action" is set forth in the SEQRA
January 20, 2004
Southold Town Board
42
Resolution dated January 7, 2003 for the Southold Comprehensive Implementation Strategy which is
incorporated by reference into this decision); and
WHEREAS, planning work is proceeding during the moratorium, which was extended January 6,
2004 for an additional 180 days.. The issues facing the Town of Southold and possible solutions to
those issues are complex. Legislative solutions have not yet been agreed upon, and the Town
continues to face significant development pressure; and
WHEREAS the Town Board finds that the applicant has demonstrated an extraordinary hardship, in
that the beneficiary of the estate will be unable to make needed repairs and obtain a necessary
mortgage on the property without the subdivision. Further, the Estate cannot be fully distributed until
the property is subdivided, and the entire parcel may have to be sold; and
WHEREAS the Town Board finds that the application is not in contrast with the extensive planning
initiatives being undertaken by the Town, or the Comprehensive Plan of the Town of Southold; and
WHEREAS the Town Board finds that this application will not adversely affect the purpose of the
Local Law # 3 of 2002 and the extensions thereof; and
WHEREAS the Town Board of the Town of Southold finds that the application will not adversely
affect the health, safety, or welfare of the Town of Southold; and
WHEREAS the Town Board of the Town of Southold finds that the minor subdivision application is
consistent with the existing land use in the surrounding area and has a minimal impact on water supply,
rural character, natural resources and transportation infrastructure of the Town; and
WHEREAS the Town Board of the Town of Southold finds that the application has no effect on
agricultural lands and open and recreational space; and
WHEREAS based on the application, all relevant documentation, the comments set forth at the public
hearing on this matter, the comprehensive planning currently being undertaken by the Town, the above
referenced facts, and the criteria set forth in Local Law No. 3 of 2002 and the extensions thereof,
Section 6. Appeals Procedures, the applicant has met its burden pursuant to the criteria; and now,
therefore be it
RESOLVED by the Town Board of the Town of Southold that the application is hereby approved.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#75
Moved by Councilman Romanelli, seconded by Justice Evans,
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 2nd day of December 2003 a Local Law entitled "A Local Law in relation to
Permitted Uses in the Light Industrial District" now, therefore, and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were given an opportunity to be heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LA W NO. 4 2004
A Local Law entitled "A Local Law in relation to Permitted Uses in the Light Industrial District"
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose The stated purpose of the Light Industrial (LI) District is to provide an opportunity for
business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial
Park/Planned Office Park District. This amendment allows contractors that are not otherwise
prohibited, to locate a business or yard in the LI district. This amendment is consistent with the
purpose of the Light Industrial (LI) District.
January 20, 2004
Southold Town Board
43
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-141. Use regulations.
In the L! District, no building or premises shall be used and no building or part of a building shall be
erected or altered which is arranged, intended or designed to be used, in whole or in part, for any
purpose except the following:
A. Permitted uses. The following uses are permitted uses and, except for those uses permitted
under Subsection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Planning
Board:
(4) Contractors' businesses or yards~ including but not limited to B-building~ electrical~ anti
plumbing~ and landscaper's contractor's ~,-as~ncsscs or yards.
III. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. Effective date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#76
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of development rights on the property owned by Steven Dubner on the 20th day of January
2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6
(Community Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-84-1-8 and 24515 CR 48, and is located on
the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48,
in Cutchogue; and
WHEREAS, the development rights easement comprises approximately 21.9 acres of the 23.9 acre
farm. The exact area of the development rights easement is subject to the survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value, and
WHEREAS, the property is adjacent to, and in the vicinity of, other farms on which either the Town or
the County have purchased the development rights; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights on these agricultural lands; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development
rights easement on part of a certain parcel of property of agricultural lands owned by Steven
Dubner~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of
Southold. Said property is identified as SCTM #1000-84-1-8 and 24515 CR 48, and is located on
January 20, 2004
Southold Town Board
44
the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48,
in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre
farm. The exact area of the development rights easement is subject to survey. The purchase price is
$30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the
New York State Department of Agriculture for partial purchase of this property and part of the
purchase price may be reimbursed from that agency.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#77
Moved by Councilman Wickham, seconded by Councilman Edwards,
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the
purchase of development rights on the property owned by Steven Dubner on the 20th day of January
2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6
(Community Preservation Fund) of the Town Code, at which time all interested parties were given the
opportunity to be heard; and
WHEREAS, said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property
is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and
CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and
CR 48, in Cutchogue; and
WHEREAS, the development rights easement comprises between approximately 41.2 and 46.18 acres
of the farm. The exact area of the development rights easement is subject to the survey; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value, and
WHEREAS, the property is adjacent to, and in the vicinity of, other farms on which either the Town or
the County have purchased the development rights; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase
the development rights on these agricultural lands; be it therefore
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development
rights easement on part of a certain parcel of property of agricultural lands owned by Steven
Dubner~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of
Southold. Said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property
is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and
CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and
CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and
46.18 acres of the farm. The exact area of the development rights easement is subject to survey. The
purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The Town may be
eligible for a grant from the New York State Department of Agriculture for partial purchase of this
property and part of the purchase price may be reimbursed from that agency.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
January 20, 2004
Southold Town Board
45
SUPERVISOR HORTON: That concludes the resolutions on this evening's agenda. We offer the
floor at this point to the public to address the Board on any town related issues. Mrs. Egan.
MS. EGAN: Mr. Romanelli, welcome aboard.
COUNCILMAN ROMANELLI: Thank you.
MS. EGAN: Are you on roads still?
COUNCILMAN ROMANELLI: I don't remember, actually. I have to look at my new assignment.
MS. EGAN: Well, maybe Mr. Horton, your boss, could tell you.
COUNCILMAN ROMANELLI: Maybe.
MS. EGAN: ! think he said he was still on roads.
SUPERVISOR HORTON: Yes, Mrs. Egan, he is actually, understand though, that Councilman Ross
and Councilman Romanelli are the Town Board liaisons to the Highway Department. So it is for
communication between the Town Board and the Highway Department, if you have any Highway
Department issues, you can certainly bring them to the Superintendent of Highways, Pete Harris.
MS. EGAN: Oh, ! do. Well, through Mr. Romanelli?
SUPERVISOR HORTON: Well, Pete Harris is an elected official, you can feel free to call him five
days a week or treat him like you do me, seven days a week.
MS. EGAN: Mr. Romanelli, you are now noise control?
COUNCILMAN ROMANELLI: No, that is not me anymore, I am out.
MS. EGAN: Oh, no, this, no, no, no, no, no, no. ! don't want to hear '! am out'. Maybe you haven't
done anything, something has to be done and it should be done PDQ and if we need Mr. Horton
through Mr. Romanelli, we need another Code Enforcer. We really do. The police cannot do the noise
control unless it is a very large situation, but as far as music and other areas, you need a new Code
Enforcer and ! believe ! mentioned to you, Mr. Horton, at the last meeting that you speak to your new
attorney, ! believe that the Code Enforcer is under her quasi jurisdiction. Is that correct?
SUPERVISOR HORTON: Yes, he is budgeterally under her department.
MS. EGAN: Yeah, well ! think Mr. Forrester might want to think about retiring. Now, the, as far as
the roads are concerned, Mr. Romanelli, Supervisor Harris for whatever reason, has not done a very
good job. It is not an easy job that is for sure, but we still have a humongous problem down by
Peconic Landing.
January 20, 2004 46
Southold Town Board
SUPERVISOR HORTON: Mrs. Egan? That is a State highway.
MS. EGAN: Yeah, but...
SUPERVISOR HORTON: That is a State highway and we correspond with the State on a regular
occasion for any of these issues that may be problematic revolving around their road systems.
MS. EGAN: Well, ! have said this now for ! think over two years, you better get to them because you
are having so many accidents there by Manhasset Avenue from their mess.
SUPERVISOR HORTON: And the State feels as though the road, as it is situated, is adequate.
MS. EGAN: Well, it is not. So tell them that. ! live there, ! pass there at least two or three times a
day.
SUPERVISOR HORTON: That is understood, Mrs. Egan.
MS. EGAN: Are you going to do anything about it?
SUPERVISOR HORTON: We have been addressing it. Voice your concerns. In fact, ! spend more
time voicing your concerns ....
MS. EGAN: Excuse me, then obviously you are not doing it well enough. Then write to the
Governor.
SUPERVISOR HORTON: Fair enough.
MS. EGAN: Now, at the last Town Hall meeting we had quite a discussion here about, first off, the
yellow bags. How they were to be brought to stores, whether they had to sell them individually and
that was going to be corrected, ! believe Mrs. Neville?
TOWN CLERK NEVILLE: ! personally spoke to them, yes.
MS. EGAN: Well, as far as ! know, Southold IGA doesn't want to do it. Nor does Thompson's. So
they say it is at their discretion.
TOWN CLERK NEVILLE: ! will have to speak to them again and do something about it.
MS. EGAN: And let's get with doing something much better with garbage out here. Where is the
gentleman that was here at the last meeting?
SUPERVISOR HORTON: He is not here this evening.
MS. EGAN: He is not here and he was right on you. It is costing us too much money for garbage.
Now, again, ! did ask you Mr. Horton, to ask your attorney here, who is wonderful, she can answer
January 20, 2004 47
Southold Town Board
some questions, compared to what we had before, about the mn-off soil. What the law really means.
Because as ! said at that meeting,
SUPERVISOR HORTON: The law applies to permits issued from the time that law was enacted,
moving forward. That is what that law applies to.
MS. EGAN: You mean if it happened before? Maybe ! did not express myself properly. From what !
understood, the law was that if there was mn-off soil because of a new landscaping, a new this or a
inground sprinkler system that caused the soil to mn-off into any road that could cause harm and
damage, that would be a violation.
SUPERVISOR HORTON: In moving forward from the time, as for the issuance of new permits.
MS. EGAN: No, no, no, no.
SUPERVISOR HORTON: Mrs. Egan, you asked what it is and ! am telling you what it is.
MS. EGAN: No, do you mean to tell me...
SUPERVISOR HORTON: Mrs. Egan, ! am not going to discuss it any further here...
MS. EGAN: No, you do have to because ! have a situation right after my house there is soil running
off.
SUPERVISOR HORTON: Mrs. Egan, you and ! have discussed this at length and you don't want to
accept the answer that has been given and ! can't help that.
MS. EGAN: Because ! don't feel that you have clarified it. You are talking about a permit. You don't
have a permit to have mn-off soil.
SUPERVISOR HORTON: No. But the mn-off situation is pertained to construction sites and
containment on construction sites moving forward from the time that law was enacted.
MS. EGAN: you mean it is only for where there is, a new situation.
SUPERVISOR HORTON: That is correct.
MS. EGAN: That is wrong, then the resolution and the law needs to be re-addressed.
SUPERVISOR HORTON: Okay.
MS. EGAN: Don't okay me. This is very important.
SUPERVISOR HORTON: Mrs. Egan, is there anything else you would like to address?
MS. EGAN: Yes. Oh, ! would strongly suggest, your head falling off Mr. Edwards? That you,
January 20, 2004
Southold Town Board
48
SUPERVISOR HORTON: Mrs. Egan, if you are going to be obnoxious with the Board...
MS. EGAN: That you ask all of your council people, all of them not only you, to review the police
reports, that they read them and that they read Justice Bruer's, Mrs. Evans' and Mr. Price's court
reports, to find out what is really happening in our town. We had the destruction of religious over here
at the cemetery. ! also, on my own property, had vandalism for religious statue. So, you people better
wake up and smell the roses before you are under the roses and under the ground. Now, ! think that is
it for a while.
SUPERVISOR HORTON: Thank you. Would anyone else care to address the Board? (No response)
We will adjourn this meeting. This meeting is closed. Thank you, again for your participation and
being here with us.
Moved by Supervisor Horton, seconded by Councilman Wickham, it was
RESOLVED that this Town Board meeting be and hereby is declared adjourned at 8:40 P.M.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Elizabeth A. Neville
Southold Town Clerk